TDEC Announces Pilot Program for Construction Stormwater Permitting

Tuesday, April 24, 2012 | 06:34am

Program Designed to Build Permitting Efficiencies, Improve Water Quality

NASHVILLE – The Tennessee Department of Environment and Conservation announced today a new pilot program designed to build efficiencies in how construction stormwater permits are issued, while satisfying the permit requirements at both the state and local levels and improving overall water quality.

Called the Tennessee Qualified Local Program, the new pilot program’s main intent is to eliminate the duplicative efforts of the current permitting process. Funding for the QLP pilot program is made possible through a Stormwater Innovation Grant awarded by the U.S. Environmental Protection Agency. The grant objectives included developing criteria and incentives for Municipal Separate Storm Sewer Systems (MS4s) to become a qualified local program. Some of the most significant benefits of a QLP include:

·A more streamlined and efficient process for managing construction stormwater by eliminating permit and review duplication at the local and state levels;

·Eliminating additional effort at the state level for construction site operators by providing only one set of requirements to follow; and

·A more effective construction stormwater program resulting in greater water quality protection.

While Tennessee’s QLP pilot will be implemented by TDEC, the program is based on EPA’s existing guidelines for similar programs. TDEC will review and approve up to four MS4s to pilot the QLP program for one year. There is a bill (SB 3187) under consideration in the Tennessee General Assembly sponsored by Rep. Ryan Williams and Sen. Mike Bell, which would allow any MS4 to apply with TDEC to become a qualified local program. If that bill passes, it will be effective July 1, 2013, following the pilot period for the program.

“TDEC recognized there are many local jurisdictions throughout Tennessee that have developed an effective construction stormwater program of their own and have a solid regulatory program in place,” said Environment and Conservation Commissioner Bob Martineau. “These cities are already designated as MS4s and are generally comprised of fast-growing urban communities.”

In order to achieve QLP status, the MS4 must demonstrate that its construction stormwater program meets or exceeds the provisions of the state’s Construction General Permit. After being selected to participate in the QLP program, an MS4 would be able to administer its own stormwater construction permitting program at the local level without duplicating the review and approval process at the state level.

In turn, the site owners or operators of new construction activities within the jurisdiction of the qualifying MS4 will be required to submit paperwork and any fees only at the local level, potentially saving up to $7,500 in state fees and taking less time by eliminating the additional effort at the state level. Permit coverage through the QLP program will authorize the operator of the construction activity to discharge stormwater associated with construction activity under both the state’s Construction General Permit and the QLP’s construction stormwater program. Other required permits, such as Aquatic Resource Alteration Permits, will still be handled by TDEC.

“Earlier this year Governor Haslam announced a comprehensive Top-to-Bottom review of all departments, which was a result of a year-long initiative he announced shortly after taking office,” added Martineau. “One of the key findings in TDEC’s report included opportunities for increased efficiency by streamlining processes and systems. The QLP pilot program is a move toward fulfilling that mission, while optimizing the department’s overall performance, accountability and efficiency and strengthening regulatory oversight at both the local and state levels.”

Critical to the success of this pilot program was the establishment of a diverse stakeholder committee representing a variety of groups, including MS4s, professional associations, universities and members of government, development and environmental communities. The advisory committee worked to develop the criteria and program incentives designed to encourage MS4s to achieve QLP status.